G.R. No. 18081 ; March 3, 1922
IN THE MATTER OF THE ESTATE OF CHEONG BOO, deceased. MORA ADONG, petitioner-appellant, vs. CHEONG SENG GEE, opponent-appellant.

FACTS

Cheong Boo, a Chinese native, died intestate in Zamboanga leaving considerable property. Two parties claimed his estate: (1) Cheong Seng Gee, alleging he was the legitimate son from Cheong Boo’s marriage to Tan Dit in China in 1895; and (2) Mora Adong, alleging she was lawfully married to Cheong Boo in 1896 in Basilan according to Mohammedan rites, and her two daughters. The trial court found insufficient proof of the Chinese marriage but allowed Cheong Seng Gee to share as a natural child. It also found the Mohammedan marriage adequately proved but held it invalid under Philippine law, thus allowing Mora Adong’s daughters to inherit only as natural children. Both parties appealed.

ISSUE

1. Is the alleged Chinese marriage contracted in 1895 validly proved and thus valid in the Philippines?
2. Is the marriage performed in the Philippines according to Mohammedan rites valid?

RULING

1. No, the Chinese marriage was not validly proved. To establish a foreign marriage’s validity under the Marriage Law (General Order No. 68, sec. IV), the foreign law must be proved as a fact and the marriage by convincing evidence. Here, there was no competent testimony on China’s marriage laws in Amoy in 1895, and the evidence (including a matrimonial letter and witness testimony) was insufficient to produce a moral conviction of its existence, especially given contradictory evidence on Cheong Boo’s whereabouts. Cheong Seng Gee is thus considered only a natural child.
2. Yes, the Mohammedan marriage is valid. Section IX of the Marriage Law (General Order No. 68) provides that marriages between Mohammedan Moros performed in accordance with their customs are valid. This interpretation aligns with public policy, as invalidating such marriages would disastrously affect the legitimacy and inheritance rights of the approximately 150,000 Moros married under their customs. The Court overruled prior inconsistent criminal case doctrines (U.S. v. Tubban, U.S. v. Verzola) to the extent they conflicted with this civil law principle.
The Court reversed the trial court’s judgment regarding the Mohammedan marriage, declaring it valid. Mora Adong is the lawful widow, and her daughters are legitimate children entitled to corresponding inheritance rights. The estate shall be partitioned accordingly.